PUBLISHED OPINION
¶1 We are asked to determine whether Desiree Evans, n/k/a Desiree Gabel, has standing to challenge the adoption decree that followed the termination of her deceased biological father Phillip Duveys parental rights. Following Phillips death, Desiree moved to vacate the order terminating Phillips right and the adoption decree entered in favor of her legal father, Richard Bishel.
1
The court found that the order of default terminating Phillips parental rights and the decree of adoption were void and ordered that they be vacated. Phillips mother, Carol Duvey, an intervenor in Desirees legal action, appealed. Because Desiree lacks standing to bring an action to vacate the adoption decree based on the violation of Phillips due process rights, we reverse the trial courts order.
FACTS
¶2 Desiree was born on April 5, 1984, to Cheryl Evans Bishel and Phillip. Richard and Cheryl, who married a year later, declared at the time that they did not know the identity of Desirees natural father. However, recently, Cheryl admitted that she knew that Phillip was Desirees father when she became pregnant. And following Phillips death and in his possessions, Desiree found a photo of her as a baby that included a note from Carol suggesting that Phillip was Desirees natural father.
¶3 In 1988, Richard sought to adopt Desiree. He filed an affidavit of service by registered mail of a notice of hearing on termination of parental rights to “John Doe, General Delivery, Seattle, WA.” The Seattle Times printed and published a legal notice on August 25 and on September 1 and 8, 1988. The publication provided a notice of hearing on termination of parental rights for Desiree N. Evans. Eleven days after the last publication, the court terminated “John Does” parental rights with regard to Desiree (termination order). The same day, Bishel petitioned for adoption. The court granted Bishels petition and entered a decree of adoption.
¶4 Desiree later declared that “[a]s far back as [she] can remember, Phillip was involved in [her] life.” Indeed, Phillip had spent time with Desiree and her family. Desiree alleges that she maintained a familial relationship with Phillip and his family, including his mother.
¶5 Phillip died intestate on March 8, 2020, leaving behind no spouse or other children. Shortly thereafter, on March 19, 2020, Desiree filed a petition to open a probate proceeding and asked the court to name her as personal representative of Phillips estate. Carol filed a motion to show cause, questioning whether Desiree was Phillips child. A posthumous DNA (deoxyribonucleic acid) test confirmed Phillips paternity.
¶6 In July 2020, 32 years after the court entered the adoption decree, Desiree moved to vacate the termination order and the adoption decree under CR 60(b), alleging that Phillip was deprived of his due process rights flowing from her mothers fraud. Carol moved to intervene in Desirees action. She sought to “protect [her] status as Phillips heir.” The court granted Carols motion to intervene.
¶7 During the proceedings, Desiree declared, “I am not sure Phillip knew I had been adopted by Richard.” However, Phillips cousin and his brother, Doug Duvey, declared that Phillip knew that Richard had adopted Desiree. Phillips brother asserted that Phillip “was relieved about the adoption because he would not be financially responsible for Desiree.” And Cheryl indicated that she had informed Phillip of the adoption as well.
¶8 In August 2020, the court granted Desirees motion to vacate the termination order and the adoption decree, concluding that “Cheryls fraudulent actions of intentionally concealing Phillips known identity as Desirees biological father and subsequent noncompliance with the adoption statutes regarding notice constitute due process violations to Phillip and Desiree.” The court concluded that the termination order and the adoption decree were void pursuant to CR 60(b)(5), vacating each order.
¶9 Carol appeals the order vacating the adoption decree.
STANDING
¶10 The parties agree that the court violated Phillips constitutional right to notice when it terminated his parental rights and entered the adoption decree. Accordingly, the termination order and adoption decree are void and subject to attack under CR 60(b). See In re Adoption of Blake, 21 Wash.2d 547, 551, 151 P.2d 825 (1944) (holding that an adoption decree entered without sufficient notice to the natural parent is void). Desiree asserts that she has standing to attack the adoption decree on Phillips behalf.
2
But because Phillip no longer has an interest to protect by vacating the adoption decree, we disagree.
¶11 “Standing is a question of law, which we review de novo.” In re Guardianship of Cobb, 172 Wash. App. 393, 401, 292 P.3d 772 (2012). “In general, a person lacks standing to vindicate the constitutional rights of a third party.” Cobb, 172 Wash. App. at 401, 292 P.3d 772. But an individual may have standing where they satisfy a three-pronged test. Specifically, the person asserting anothers rights must show that “(1) the litigant has suffered an injury-in-fact, giving [them] a sufficiently concrete interest in the outcome of the disputed issue; (2) the litigant has a close relationship to the third party; and (3) there exists some hindrance to the third partys ability to protect [their] own interests.” Cobb, 172 Wash. App. at 401-02, 292 P.3d 772. “A litigant purporting to vindicate a third partys constitutional rights bears the burden of demonstrating that ‘the allegedly injured third party lacks the ability to vindicate [their] rights.’ ” In re Guardianship of Decker, 188 Wash. App. 429, 445, 353 P.3d 669 (2015) (quoting Cobb, 172 Wash. App. at 403, 292 P.3d 772).
¶12 In applying the three-pronged test, first, Desiree has a sufficiently concrete interest in that she stands to become Phillips sole heir. Second, she had a close relationship with Phillip, whom she considered a father. Accordingly, Desiree succeeds on the first two prongs. She fails, however, to satisfy the third prong. There is no case in Washington that is directly on point.
3
However, a few cases provide guidance as to when the third prong of the Cobb test for standing is satisfied. And based on our review of these cases, we conclude that an adoptee may not directly challenge a facially void adoption decree on behalf of their deceased natural parent.
¶13 In Cobb, Sean Cobb was a legally incapacitated person whom his mother, with the help of his sister Lorraine, cared for until her death. 172 Wash. App. at 396, 292 P.3d 772. Following his mothers death, Seans siblings filed opposing motions to be appointed as his guardian. Specifically, Lorraine moved to be his guardian, and two other siblings, Daniel and Christine, moved to have Daniel appointed as Seans guardian. Cobb, 172 Wash. App. at 396, 292 P.3d 772. When the court granted Lorraines motion and denied Daniel and Christines, Daniel and Christine appealed. Cobb, 172 Wash. App. at 401, 292 P.3d 772. On appeal, Daniel and Christine attempted to assert due process violations on Seans behalf. Cobb, 172 Wash. App. at 401, 292 P.3d 772. The court held that they did not satisfy the third prong for standing because they failed to show that Sean could not vindicate his rights through his appointed guardian, Lorraine. Cobb, 172 Wash. App. at 403, 292 P.3d 772.
¶14 In In re Adoption of Hope, 30 Wash.2d 185, 188, 191 P.2d 289 (1948), Vera Stone Hope moved to vacate her mother Hazel Fennesseys adoption of Hopes two minor children, L.A.H. and D.H. Hope alleged that Fennessey procured the decree by fraudulent representation and without notice to the natural father. Hope, 30 Wash.2d at 188-89, 191 P.2d 289. The court held that under the statutory scheme controlling adoption proceedings and because the natural father “did not give his written consent to [the childrens] adoption, ․ the court did not acquire jurisdiction to hear [Fennesseys adoption] petition.” Hope, 30 Wash.2d at 193-94, 191 P.2d 289. On this basis, it allowed Hope to challenge the adoption petition and ordered the lower court to vacate it. Hope, 30 Wash.2d at 193-94, 191 P.2d 289. The court reasoned that the decree of adoption would be a final adjudication of the childrens status “as to their future parentage and would terminate any parental rights heretofore granted to or enjoyed by the father.” Hope, 30 Wash.2d at 192, 191 P.2d 289.
¶15 In Ludwig v. Department of Retirement Systems, 131 Wash. App. 379, 381-82, 127 P.3d 781 (2006), Ruth Timm granted Janet Ludwig what was, at the time, an irrevocable survivorship benefit from Timms state pension. When the legislature amended the statute to allow the retiree to remove the survivorship, Timm elected to do so. Ludwig, 131 Wash. App. at 382, 127 P.3d 781. Following Timms death, Ludwig sued, asserting that the amendment violated her vested right and Timms constitutional rights. Ludwig, 131 Wash. App. at 383, 127 P.3d 781. In addressing Ludwigs latter assertion, the court concluded that Ludwig could not satisfy the last prong of the standing test because it was Timms decision to invoke the provisions of the amendment and that, therefore, there was no hindrance to the assertion of Timms rights. Ludwig, 131 Wash. App. at 385, 127 P.3d 781.
¶16 Here, unlike in Hope, vindication of Phillips rights has no effect on him and offers no benefit to him. Indeed, Desiree asserts Phillips rights for her benefit. While the mother in Hope certainly had selfish motivations when she moved to vacate the adoption decree, Hope alleged violations of the fathers constitutional rights that had current and future ramifications for the children and the father. In contrast, Desiree will be the only beneficiary to vindication of Phillips rights in this case. In addition, like the decedent in Ludwig, Phillip could have asserted his rights while he was alive. Indeed, according to his brothers affidavit, Phillip was glad that he was not the legal parent of Desiree. We will not speculate as to whether Phillip would have asserted his right to notice in order to vacate the adoption decree prior to his death when he could have done so at any time before his passing and where he made Desiree the beneficiary of his retirement and pension accounts and a life insurance policy. And similar to Seans ability to assert his rights through his guardian in Cobb, Phillips estate is not hindered from asserting Phillips rights, which it determines should be asserted for the benefit of the estate.
¶17 In cases where the court has allowed a due process challenge to an adoption decree, the children were minors, and the court focused on the natural parents right to create a relationship with their minor children. See, e.g., In re Adoption of Hickey, 18 Wash. App. 259, 261-62, 567 P.2d 260 (1977) (holding that the trial court had jurisdiction to hear the natural fathers motion to vacate the adoption decree where the father was not provided constitutional notice and the children were minors); cf. Blake, 21 Wash.2d at 552, 151 P.2d 825 (relying on statute to conclude that the father could not challenge the order of adoption where the minor childs mother has “not legitimized” his parentage). That is clearly not the case here. Thus, we conclude that Desiree lacks standing to directly attack the adoption decree because Desiree has not articulated any current interest that Phillip has in asserting his constitutional right to a parental relationship with Desiree. Indeed, the only interest that the adoption decree now affects is Desirees right to inherit Phillips estate, and her challenge to the decree is solely for her benefit. Thus, Desiree did not have standing to bring an action to challenge the adoption decree, and the trial court erred in vacating it.
4
¶18 Desiree disagrees and relies on In re Estate of Couch, 45 Wash. App. 631, 726 P.2d 1007 (1986), to support her position that she can challenge the adoption decree. There, Reba Grady, a biological daughter of the decedent, sought to vacate an adoption decree entered in Oklahoma. Couch, 45 Wash. App. at 632, 726 P.2d 1007. The Oklahoma court granted her request, finding the decree facially invalid presumably for lack of notice. Couch, 45 Wash. App. at 632, 726 P.2d 1007. In the Washington probate proceedings, Grady moved to receive a portion of her biological fathers estate. Couch, 45 Wash. App. at 632, 726 P.2d 1007. Couchs legal children moved to dismiss Gradys claim, and the trial court granted their motion. Couch, 45 Wash. App. at 632, 726 P.2d 1007. On appeal, the court reversed the trial courts decision and concluded that the trial court was required to give Oklahomas decision full faith and credit, thereby acknowledging that Grady was legally Couchs heir. Couch, 45 Wash. App. at 634, 726 P.2d 1007. In Couch, we did not review whether the adoptee had standing to challenge the decree; here, this court must determine whether Desiree has standing. Thus, Couch is not analogous.
¶19 Finally, Desiree emphasizes her contention that Phillip did not know of the adoption decree to support her assertion that the decree is void. However, the evidence does not necessarily lead to the conclusion that Phillip was unaware that his parental rights were terminated. Rather, multiple affidavits state that Phillip knew that Richard adopted Desiree, and the trial court made no conflicting findings. Nonetheless, Phillips knowledge of the decree prior to his death is immaterial to our analysis of standing: even if the decree is void, someone with authority to challenge it must seek to vacate it in court. And because Desiree cannot show that there is some hindrance to the protection of Phillips interests and that he has an interest in vacating the adoption decree following his death, she may not bring Phillips constitutional challenge to the adoption decree.
5
¶20 We reverse.
FOOTNOTES
1
. We use each individuals first name for clarity.
2
. During oral argument, Desiree also asserted that because Carol does not challenge the termination order, we need not reach the issue of standing. Wash. Court of Appeals oral argument, In re Adoption of Evans, No. 81815-5-I (June 2, 2021), at 8 min., 45 sec. through 9 min., 4 sec., video recording by TVW, Washington States Public Affairs Network, https://www.tvw.org. However, Desiree failed to adequately brief this assertion and did not address it below. And “[w]e will not consider arguments that a party fails to brief.” Sprague v. Spokane Valley Fire Dept, 189 Wash.2d 858, 876, 409 P.3d 160 (2018) (refusing to address plaintiffs claims because he did not brief the claims and cited no law establishing them). Therefore, we do not need to address it here. Even so, the three-pronged test in Cobb applies whether or not the termination decree was vacated because Desiree seeks to assert a third partys constitutional rights. See In re Guardianship of Cobb, 172 Wn. App. 393, 401, 292 P.3d 772 (2012) (holding that “a person lacks standing to vindicate the constitutional rights of a third party” unless they satisfy the three-part test).
3
. Other states have addressed similar issues but have done so in relation to a state statute of limitations on the adoptees or the natural parents ability to challenge the adoption decree. See Hogue v. Olympic Bank, 76 Or. App. 17, 28, 708 P.2d 605 (1985) (holding that, although the adoption decree suffered from a jurisdictional defect, the statute finalizing adoption decrees did not violate due process rights, and that the statute of limitations on challenging the decree was valid and enforceable against a mother who did not consent to adoption and was not given notice of the adoption); see also In re Interest of C.G., 2015 COA 106, ¶ 23, 410 P.3d 596 (holding that a father whose parental rights were terminated without notice could challenge the order after the child died, and rejecting the assertion that the childs death made the fathers claim moot “because the orders entered in the dependency and neglect proceeding impose a collateral consequence on father”). We have no similar statute of limitations in Washington.California also has addressed this issue during probate proceedings. See, e.g., In re Estate of Hampton, 55 Cal. App. 2d 543, 568, 131 P.2d 565 (1942) (concluding that “ ‘in the absence of some ground of estoppel, parties and their privies may collaterally impeach a judgment void on its face for lack of jurisdiction’ ” (quoting Mitchell v. Auto. Owners Indem. Underwriters, 19 Cal. 2d 1, 7, 118 P.2d 815 (1941))); In re Estate of Martin, 86 Cal. App. 2d 474, 477, 195 P.2d 839 (1948) (applying Hampton and concluding that, even if the other states adoption statute did not require specific notice to the natural parent, because lack of adequate notice violates the parents constitutional due process rights, the adoptee may collaterally attack the adoption decree on that basis in a probate proceeding); cf. In re Estate of Smith, 86 Cal. App. 2d 456, 468, 195 P.2d 842 (1948) (concluding that only those persons not served “actually or constructively” during the adoption proceeding and the adopted child may collaterally attack the adoption decree).
4
. Carol relies on RCW 26.33.260(3)(a) to support her assertion that an adoption decree cannot be vacated due to procedural deficiencies or errors. But “a party alleging a constitutional violation necessarily presents sufficient grounds for challenging an adoption decree under RCW 26.33.260.” In re Adoption of R.L.M., 138 Wash. App. 276, 284, 156 P.3d 940 (2007). And because Desiree challenged the decree on constitutional due process bases, RCW 26.33.260(3)(a) does not bar her claim.
5
. Desirees statement of additional authorities are not persuasive here. See, e.g., In re Parentage of Calcaterra, 114 Wash. App. 127, 128, 56 P.3d 1003 (2002) (holding that a child, no matter their age, “has a constitutionally protected interest in an accurate determination of paternity”); Gonzales v. Cowen, 76 Wash. App. 277, 884 P.2d 19 (1994) (denying a putative fathers attempt to establish paternity and to inherit from his childs estate).
Smith, J.
Mann, C.J., and Chun, J., concur.